Iqbal (t/a Smokin’ Rooster) v Singh (PRACTICE AND PROCEDURE –- Parties) [2019] UKEAT 0127_19_2409 (24 September 2019)

Iqbal (t/a Smokin’ Rooster) v Singh (PRACTICE AND PROCEDURE –- Parties) [2019] UKEAT 0127_19_2409 (24 September 2019)

The Tribunal was entitled to refuse the adjournment and make an award under section 38 Employment Act 2002 because the employer was in breach of section 1 ERA 1996 at the time proceedings were initiated, and the obligation to provide written particulars continued even after employment ended, regardless of the period of employment for which the claim succeeded.

Citation
[2019] UKEAT 0127_19_2409
Parties
Appellant/respondent: Mr Yaser Iqbal; Respondent/appellant: Claimant (unnamed)
Jurisdiction
United Kingdom
Judgment Date
24 September 2019
Procedural Posture
Employment Appeal Tribunal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Unlawful Deduction From Wages, Written Particulars of Employment, Adjournment Applications, Section 38 Employment Act 2002 Awards
Employment Law Unlawful Deduction From Wages Written Particulars of Employment Adjournment Applications Section 38 Employment Act 2002 Awards

Case Brief

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Parties

Mr Yaser Iqbal

Appellant/respondent

Claimant (unnamed)

Respondent/appellant

Procedural Posture

Employment Appeal Tribunal / Appeal Judgment

Legal Issues

  1. 1 Whether the Tribunal erred in refusing an adjournment to allow the Respondent to produce documents
  2. 2 Whether the Tribunal erred in making an award under section 38 Employment Act 2002 when the only substantive claim for the relevant period was dismissed
  3. 3 Whether the obligation to provide written particulars under section 1 ERA 1996 continued after employment ended

Ratio Decidendi

The Tribunal was entitled to refuse the adjournment and make an award under section 38 Employment Act 2002 because the employer was in breach of section 1 ERA 1996 at the time proceedings were initiated, and the obligation to provide written particulars continued even after employment ended, regardless of the period of employment for which the claim succeeded.

Court Disposition

Appeal dismissed

Orders

  • No error of law found in refusal to adjourn
  • No error of law found in section 38 EA 2002 award